Category Archives: marcellus shale

(Breathing Is Political left the Bethel Town Board’s March 15, 2012 Hearing on Town Law No. 1 of 2012 about twenty minutes before its finish. At that point, thirty members of the public had spoken in favor of the proposed law which would ban high-volume hydraulic fracturing as a high-impact activity in the Town and four members had spoken against the law and in favor of permitting H-VHF activities. According to Larysa Dyrszka, supporters of the legislative ban collected more than 500 petition signatures and at least 100 letters.

Unfortunately, the Town of Bethel’s website appears to be “down,” but the proposed legislation is scheduled for a vote at one of the April Town Board meetings which regularly occur on the 2nd and 4th Wednesdays of each month at 7:30 pm. If interested, the Town’s phone number is: 845-583-4350.)

In introductory remarks, Bethel Town Attorney Robert McEwan described the proposed legislative changes as “explicitly prohibiting certain uses Town-wide” and as “amending Zoning Board procedures.”

According to a February 28, 2012 River Reporter article, Mr. McEwan said, “…that the amendment would not only ban gas drilling, but also a number of processes related to gas drilling, as well as high impact uses.” In the same article, Attorney McEwan clarified that, “High-impact uses are the kinds of industries that put out large amounts of pollution….” (BIP Note: The North American Industry Classification System mentioned in the article categorizes industries and assigns them “classification numbers” which can be researched here. The NAICS “is frequently used for various administrative, regulatory, contracting, taxation, and other-non statistical purposes.”

The provisions of Bethel’s Local Law No. 1 of 2012 most-addressed by speakers at the Hearing are these:

(6) Land Use Control. This Local Law is intended to act as and is hereby declared to exercise the permissive “incidental control” by the Town of its police power applied to the area of land use planning and the physical use of land and property within the Town, including the physical externalities associated with certain land uses, such as negative impacts on air and water quality, roadways and traffic congestion and other deleterious impacts on a community. This Law is not intended to regulate the operational processes of any business. This Local Law is a law of general applicability and is intended to promote the interests of the community as a whole; and

Although approximately forty people spoke at the the Hearing, Breathing Is Political offers these excerpted remarks as representative of the statements made:

Margarita Gleyzer referred to the fact that some who support H-VHF have called opponents of the process “fear-mongers.” In response, Ms. Gleyzerr said, “Fear is an innate quality that keeps us from harm. We are not guaranteed jobs from fracking but we are guaranteed damage to our resources. Fracking is not a small town issue; it’s an international concern.”

Jeffrey Allison referred to many claims made by natural gas extraction companies as “myths:”

“We’re told there’s 100 years of shale gas in the Marcellus. At best there’s eleven.” (BIP Note: According to the US Geologic Survey, “The Marcellus Shale contains 84 trillion cubic feet of… technically recoverable natural gas and 3.4 billion barrels of…technically recoverable natural gas liquids…” Using US Energy Information Administration data, the U.S. consumed 24.37 trillion cubic feet in 2011. Accordingly, even if all the natural gas in the Marcellus Shale was actually recovered and not shipped to Norway, Japan, etc., we would gain only an additional 3-5 year supply.)

“We’re told that H-VHF will bring thousands of jobs but 77% of jobs are filled by out-of-state workers.”(BIP Note: The Center for Economic and Policy Research begs to differ with industry claims of job creation in Pennsylvania drilling areas: “What the data tell us is that fracking has created very few jobs. In fact, employment in five northeast Pennsylvania counties…with high drilling activity declined by 2.7 percent.” (Even accounting for the recession, CEPR calculates a total of “around 1,350 jobs — [which] includes both direct jobs in the gas industry, indirect jobs in the supply chain and induced jobs from spending by workers and landowners.”

“We’re told that natural gas is cleaner than coal but scientists disagree.”(BIP note: A study issued out of Cornell University reports that gas extraction’s carbon footprint is likely larger than that of coal production.)

Richard Gebel and many other speakers spoke to the natural beauty of Bethel that might be laid waste by high-volume hydraulic fracturing.

Eric London, a physician and researcher remarked that to begin fracking without a health impacts study would be unethical and he commended the Town Board for its efforts to protect the residents of Bethel.

Jennifer Young, a Bethel farmer, thanked the Town Board for taking a proactive stance. “The National Farmer’s Union has called for a moratorium. I raise free-range eggs and I depend on the quality of our land and water resources. We must support our farmers. We’ve seen an 18 percent decline in farms where gas extraction occurs.” (BIP Note: Apparently, Ms. Young was referring to a 2007-10 study conducted by Dr. Timothy Kelsey at Pennsylvania State University’s College of Agricultural Science. In his conclusions, Dr. Kelsey states, “Changes in dairy cow numbers also seem to be associated with the level of Marcellus shale drilling activity. Counties with 150 or more Marcellus shale wells on average experienced an 18.7 percent decrease in dairy cows, compared to only a 1.2 percent average decrease in counties with no Marcellus wells.”)

Kate Kennedy, a local business owner and resident in the Town of Delaware said, “We need our creamery. We need our slaughterhouse. We are poised to be the New York City foodshed. Fracking will endanger that.”

Laura Berger responded to frequent industry claims that New York State’s regulatory structure and oversight are the “toughest” by citing to The Environmental Working Group’s assertions that New York State is ill-equipped to oversee H-VHF and quoted, “New York has just 14 inspectors to oversee 13,000 existing natural gas and oil wells.”

Ronald Turner said, “This is a big moment for the Catskills. It might be the biggest since our towns were flooded to create the reservoirs. Fracking is not conducive to the qualities that draw people here.” He asked what would happen as the underground infrastructure that’s necessary for H-VHF begins to decay. “Who will monitor that decaying infrastructure,” he asked.

Of the speakers who asked the Bethel Town Board to delay passage of legislation that would ban H-VHF within the Town’s borders,Bill desRosiers of Energy In Depth‘s Marcellus affiliate — the public relations arm of the Independent Petroleum Association of America (IPAA) — was the first to speak and urged the Town Board and Hearing attendees to visit the website, “Frac Focus.” “You can track every well drilled,” he said. “You can find GPS locations and view the chemicals used.” (BIP Note: As Jill Weiner remarked in her subsequent rebuttal of Mr. desRosiers’ statements, release of chemical-usage information is voluntary, not mandatory. Further, the Frac Focus site states, “Because the make-up of each fracturing fluid varies to meet the specific needs of each area…” there is still no way of knowing which chemicals were used at a specific site. Additionally, only non-proprietary chemicals are listed at Frac Focus.)

Mr. desRosiers also referred to the March 15, 2012 press release from the Environmental Protection Agency detailing its findings to date on water samples from Dimock, PA. “EPA’s testing in Dimock failed to show elevated levels of contamination,” he claimed. (BIP Note: A reading of the actual press release shows that contamination was discovered, that the testing is incomplete and that “EPA will continue to provide water” to three of the homes which are currently receiving such deliveries. Relatedly, Water Defense has asked several serious questions concerning EPA Region 3’s handling of the Dimock situation which has diverged significantly from investigations conducted by other EPA regional offices. Following EPA’s March 15th announcement, Dimock-resident Scott Ely drew water from his well and collected it in a plastic jug on March 16, 2012. Thanks to Michael Lebron for this timely photo.)

In conclusion, Mr. desRosiers asked the Town Board to delay its approval of its proposed Town Law 1-2012, “Appeals will be filed in the Dryden and Middlefield cases. I urge you to await the results of the appeals process.” (BIP Note: Mr. desRosiers reference is to two recent New York State Court decisions which upheld the right of local jurisdictions to restrict certain activities within their boundaries.)

Sondra Bauernfeind, the former Chair of the Sullivan County Conservative Party, opined that “Zoning reduces property rights” and reiterated Mr. desRosiers’ request that the Town Board delay approval of the proposed law until “higher courts weigh-in” on the Dryden and Middlefield decisions. Further, Ms. Bauernfeind suggested that laws which prohibit a landowner’s exploitation of his/her property’s resources amount to a taking. “Delaware County wants $81 billion from NYC for property takings.” (BIP note: Several courts have dealt with this issue of “takings” (or “Inverse Condemnation” as it’s known in the law) and many legal scholars have concluded that such claims will be struck down in the courts. An introduction to the topic can be found in BIP’s article, “Gas Drilling: Inverse Condemnation: Private vs. Public Interests.”

Harold Russell, a former Bethel Town Board member and opponent of the proposed Town Law pointed to foreclosures in Sullivan County and the dearth of employment for young people in our communities. “Use your heads not your politics!” he finished. (BIP Note: For more on property values, mortgages and natural gas extraction, please see “Rush to Drill for Natural Gas Creates Conflicts With Mortgages.”)

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In addition to the many Town of Bethel residents who spoke, residents from the Towns of Delaware, Lumberland, Cochecton and Callicoon were also in attendance, due, presumably, to the potential for natural gas exploration, extraction and processing activities being conducted in their Towns.

If you live in a Town where high-volume hydraulic fracturing is being considered, be aware that the process in Bethel has taken, to date, approximately fifteen months. One resident close to Bethel’s process suggested, “It makes sense for Towns just looking into zoning protections to consider a moratorium first. With that in place, they can begin to address potential zoning changes.”

For more information on moratorium efforts, The Community Environmental Defense Council — David and Helen Slottje — is the non-profit public interest law firm based in Ithaca, New York that worked — for free — with Bethel and many other Towns in New York.

The Community Environmental Legal Defense Fund (CELDF), based in Pennslvania, “is a non-profit, public interest law firm providing free and affordable legal services to communities facing threats to their local environment, local agriculture, the local economy, and quality of life. Our mission is to build sustainable communities by assisting people to assert their right to local self-government and the rights of nature.”

The NYS Department of Environmental Conservation (DEC) held one of only four state-wide Hearings on drilling and hydraulic fracturing at Sullivan County Community College on October 28, 2009.

The vast majority of the standing-room-only crowd was opposed to drilling in New York State.

Few or none of the opponents drew a distinction between drilling in a watershed or anywhere else.

Most or all asked for additional time so the public can read and comment knowledgeably on the DEC’s 800+ page “Draft Supplemental Generic Environmental Impact Statement on Gas and Oil Drilling in New York State.” (DSGEIS)

They asked that several more public hearings be scheduled throughout the state because some had driven three or more hours to attend last night. (Note: When I left at 11:00 PM, the meeting was still going on.)

Several local highway superintendents described their local roads as “substandard” and worried about the damage that will be wreaked by the enormous volume of truck traffic necessary to drilling. Uniformly, they asked that the DEC inform local municipalities when each drilling application is made so that Road Use Agreements can be drafted in a timely fashion and so that control of local road use will reside with the towns.

Town Supervisors reiterated what the Superintendents said and went further. Jim Scheutzow (Town of Delaware) said, “We need the gas companies to step up. We don’t have the resources to take care of the roads.”

Jim Greier (Town of Fremont) laid out the specifics, “We have 1391 people, 84 miles of town roads, 16.8 miles of county road, one gas station, two bars and no extra funds for repairing roads that are damaged by extra heavy trucks.”

One Building Inspector, citing to the lack of local prerogatives, raised a point that’s bothered drilling opponents from the beginning, “No drilling company’s come to me for a permit.”

Perhaps the greatest applause was saved for Luiz Aragon, Sullivan County’s Planning Commissioner and Maria Grimaldi, a tireless advocate for a sustainable local ecology and economy.

“Despite DEC’s efforts,” said Mr. Aragon, “many citizens remain concerned by DSGEIS on many issues. I respectfully request that the cumulative impacts and socioeconomic concerns be fully-addressed.” He included, amongst others, the impacts on municipal infrastructure, standards of notification, safety to muncipalities, protection of aquifers and the overall health and welfare of our communities.

They were not empty words. Referencing the Sullivan County Legislature, Mr. Aragon called attention to the potential for drilling in flood plains and called the body of legislation salient to environmental protection, “inconsistent.” After listing several recent accidents and incidents of contamination by the drilling industry, the County Planning Commissioner called for bans on open pit storage and drilling in all flood plain zones. He urged the DEC to add a requirement that the contents and composition of frac fluids be posted at drilling sites and with emergency responders. “Our County remains concerned that municipalities must be permitted to issue local laws without fear of lawsuits. The cumulative impacts of pipelines and compressors will be huge. It is unclear that mitigation can be effected if contamination of ground water occurs.”

When Maria Grimaldi said, “The DEC’s DSGEIS seems to be enabling an industry that is not compatible with protecting our environment,” the crowd roared approval. Her follow through was received even more noisily, “I’m concerned about conflicts of interest between state governments and the gas drilling industry. Where did the information come from for the DSGEIS and who was consulted? We should require that no high level public servants can work for the gas companies for four years after leaving public service…. How will we be protected by accidents that inevitably happen? There have been failures in eight states with human error being the leading cause of systemic failures.”

On and on, opponents stepped to the podium. They asked for a clear delineation of responsibility for oversight of drilling practices and enforcement of regulations, “What will happen when there’s an accident? Who will respond? How will the rights of residents who didn’t sign leases be protected when their wells are contaminated? How can we test our wells [when they’re contaminated] if we aren’t allowed to see a list of the chemicals the industry used? How can we prove liability and recoup our lost property values?”

Some worried that DEC regulations do not prevent the drilling industry from drawing down our groundwater supplies but the umbrella concern remains this, the DEC’s Draft Supplemental Generic Environmental Impact Statement admits that it does not review the cumulative environmental and socio-economic impacts of drilling.

Most opponents demanded a halt to drilling, calling it a dangerous activity while citing to groundwater, human, flora, fauna and soil poisonings from Pavilion, Wyoming to Dimock, Pennsylvania. One speaker referred to The Precautionary Principle, “Let the industry prove, within the context of the wholesale destruction of an entire ecosystem [Dunkard Creek], that their technology is safe.”

The Chesapeake representative stated, “Banning drilling anywhere would be inappropriate.”

The IOGA-NY industrial spokesperson objected to the DEC’s DSGEIS, “It goes too far and puts us at an economic disadvantage compared to PA. Many companies will walk away from exploiting the Marcellus Shale if the DEC continues to move so slowly.”

Mr. Van Swoel claimed that, “Ten percent of Sullivan County Land is under lease” and then quoted Newt Gingrich, “We should let the industry drill down.”

Opinion:

Last night was my third public meeting on the subject of drilling and I salute those who’ve attended regularly for the past two years. I don’t know how you do it.

Breathing is dedicated to an open forum; not because I’m particularly nice, but because I believe our world is on numerous brinks and I’d like to help steady rather than destabilize it.

Last night I had to face the truth: I’m divided against myself. The lies and drivel that were uttered last evening by “Drill Now!” proponents left me quivering. My stomach was so roiled by contained outrage that vomiting was an imminent worry.

I wanted to listen politely. I wanted to hear their words in silence. I wanted to find any points of agreement because I want to save our land and spend my days building a sustainable local community.

Instead, drilling proponents made baseless assertions about safe practices and denied that accidents have occurred or that lives and livelihoods have been destroyed by fracking poisons. They lied about the types of chemicals used and turned aside questions about industry liability when contamination inevitably occurs.

As already covered by Breathing, nobody seriously believes the drilling industry will “walk away” from the brilliantly lucrative prospect of the Marcellus Shale.

IOGA-NY’s insistence that the DEC’s Draft Supplemental Generic Environmental Impact Statement on Gas and Oil Driling goes too far is inconsistent with the DEC’s own recognition that the DSGEIS ignores the cumulative impacts of drilling on our entire ecology.

Nobody in a position of policy-making (including the drilling companies) have answered the real questions:

Why did it take Pennsylvania’s Department of Environmental Protection nearly three weeks to close down Cabot-Halliburton when the Dunkard Creek ecosystem was destroyed?

Who funded the Penn State study that touted the economic benefits of drilling in Pennsylvania?

Who will oversee drilling and fracking?

Who will enforce the already flimsy regulations?

How will people know what’s contaminated their water if they aren’t allowed to know the nature and composition of drilling chemicals being used?

Who will clean up the mess when inevitable accidents happen?

Who will make the residents of Fort Worth, TX, Dimock, PA, Pavilion, WY and New York State whole for the loss of their water and property values?

What will we drink or use to grow our food when the water’s destroyed or requires remedial interventions that nobody has been able to describe because they simply don’t exist?

Wes Gillingham of the Catskill Mountainkeeper has been to nearly all the meetings. He’s knowledgeable about the issues and the land. I echo his words from last night, “I’ve tried to be patient. I’ve tried to weigh all sides.”

But here’s my truth: “Civility” does not require me to be silent in a packed hall when industrial interests are shoving the rape of my world down my throat. “Civility” does not require me to listen politely to greedy lies. Nor does “civility” require that I acquiesce sweetly to an industrial oligarchy.

More importantly, Justice requires that the money lenders be “driven from the Temple.”

(Dear Readers and “River Valley Resident”: In an effort to provide a community forum where divergent and frequently noisy views can be aired, Breathing has solicited articles from property owners who are considering signing natural gas leases or who, after months of deliberation, have completed the signing. There have been difficulties and I had to decide whether or not to publish an anonymous post. In the end, I decided a wide-ranging discussion of the issues facing our communities is more critical than identifying our author who fears for her job if her name is released. I hope her obvious concern for the land and our cultures is sufficient to set minds at ease. She’s known to me. She’s not a figment. She’s not greedy and she’s not oblivious to the dangers posed by drilling — and cited to regularly by Breathing. Hers is an important voice that sheds light — whether or not you agree with her conclusions.

For months, the author researched, examined and agonized. Breathing is grateful that she chose to speak in this forum despite her misgivings. Unhappily — given the high passions on both sides of the discussion — being a kind of bridge in the middle can invite vilification and distrust from those standing on the opposite shores. Thank you, “River Valley Resident” for grappling with the question, “What does stewardship of our lands and communities demand of us?” Although I disagree that “drilling is inevitable” or that its dangers and impacts can be mitigated, your question and profound determination to preserve and protect are what join us. Indeed, if drilling spreads inexorably, then your efforts to protect may be the last arrow in our quiver.

In part, I hope readers will respond with suggestions helpful to landowners who’ve been cut off like islands in the midst of leased properties. Thank you, Liz)

* * * * *

I have spent months exploring the ramifications of drilling in the area. Unfortunately, I believe it is extremely likely to occur, so I have been trying to learn the dynamics of horizontal drilling and its potential to contaminate the aquifer. I have read numerous articles and finally found what I believe is a good representation of the process. The gas companies appear to make an extremely strong effort to isolate the aquifer from the fracking fluids. Please see this website for visualization:

Perhaps this is all hype by the gas companies, but if they do in fact follow this process it seems that the aquifer is isolated by steel piping encased in cement. Perhaps aquifer contamination is more likely related to the holding ponds where the backflow is stored as it is forced from the well; which brings up an interesting possibility. One. of the drilling companies, (which is one of Hess’s designated subcontractors for this area) is utilizing a patent pending process called “Ozonix”. It apparently removes all organic chemicals, particles, etc. from the flow back as well as nearly all the brine through reverse osmosis. This process can be read about at the following web site:http://www.wallstreetresources.net/pdf/fc/TFM.pdf

On a more personal level I have found myself in a situation where the majority of the landowners in my immediate area (across the road and next door) have signed leases. Personally, I do not want to see gas drilling in this area, but am somewhat resigned to the power that the Gas corporations wield and feel that it would be amazing if the gas development does not take place. As a result, I have chosen to try to protect my property. I joined [Northern Wayne Property Owners’ Association] NWPOA a few years ago, because I felt it gave me a chance to do that and also because this group planned to work toward the most environmentally sound lease possible. I have also been a member of the UD Community for several years, and feel fortunate to have had the opportunity to receive information from the divergent viewpoints. As more information came out from both sources I became more and more confused. This caused me to undertake my own research into the fracking process and its potential for adverse environmental effects. Simultaneous to this, NWPOA came up with a lease agreement with Hess. I have not as yet signed that document. However, I did begin researching the drill company that would be working for Hess in my area. It is a company called Newfield and they are using the “Ozonix” process mentioned above in some of their other shale developments. My thought was to attempt to encourage Hess to have Newfield employ that technology here, as it appears to strongly mitigate a lot of the potentially detrimental effects of the frac process. Additionally, it allows the water to be reused at multiple sites, thus greatly reducing the amount of water needed from the Delaware or other sources, as well as reducing the truck traffic on the roads. Perhaps, I have been taken in by good PR, but I also believe it is in the Gas companies’ best interests to develop these wells as efficiently as possible. If they are drilling and allowing the gas to somehow escape into the aquifer then that is gas they can’t bring to market which spells a loss for them. I have been an environmentalist for well over 40 years and if I had a magic wand, I would surely make this all go away, although I do completely understand the local farmers’ support of this issue. I guess the bottom line for me is that I believe the gas development will occur and that the best approach is to do all within our power to make it happen in the most environmentally responsible way possible. This means supporting companies like Newfield and trying to have them employ the frac recycling process called “Ozonix”. It also means supporting legislation in Congress such as the “Frac Act” which requires companies to divulge their “formulas” for the fracking mud. The Clean Water Restoration Act also needs support to return some of the strength sapped from it, by our previous administration. Will I sign a lease with Hess…I honestly have not been able to decide as yet. I fear drilling around me, and with no lease, if there were any problems, I would be up against the Gas Company on my own. The lease ensures that they will mitigate any water contamination issues, or provide bottled water if necessary. Granted this is not a great solution, but it is probably better than trying to deal with it unassisted.

I know that there are many people like myself who are conflicted over this issue, and struggling with making the right decision. I could never refer to myself as “pro-drilling”. Perhaps, a more appropriate classification is “pro-preservation”. I would like to see this area remain as much like it is right now as possible. This may be a false hope, but I honestly believe that trying to influence the gas companies to use the very best practices possible here, is a more achievable goal than stopping the entire process. I would greatly appreciate comments, as I have been struggling with making a decision for a long time. Thank you for taking the time to read this. I hope that I have not inadvertently insulted anyone’s viewpoint. I am merely trying to illustrate what a lot of people are feeling.

October 7, 2009. Since writing the above comments, I have had numerous discussions with Gas Company representatives about exactly what signing a lease would mean. My first thought was to obtain a conservation easement or deed restriction on my property so that the only gas related activity that could take place would have to be subsurface. I was informed that they were not accepting properties with conservation easement unless they were large commercial properties where portions of the surface land are critical to continuing their businesses whatever they may be. I then discussed the amount of acreage I have with the gas company, its geography and location and they told me that it was highly unlikely that they would place a drill pad on a piece of property the size of mine, nor would they likely place a road there. However, they could not guarantee this. So, to sign I would have to accept the remote possibility of surface activity. This gave me a lot to think about. But, perhaps more important than that is what the gas companies do with the individual leases they own. As most people know there are at least 3 major players in the area: Chesapeake, Cabot and Hess. Although you may sign with any of these companies, it does not mean that they will be the company developing your land. In order to create a drilling unit, they need about 640 contiguous acres. In some cases, they may have this from large farms or adjoining properties that have signed. But they may also have an area they would like to develop where the mineral rights have been leased to different companies. The gas companies now trade leases to obtain the acreage they need for development. It’s just like Monopoly where you need all the cards in a block to build houses. So, Hess’s drilling company, Newfield, with the innovative and environmentally sensitive technology may have nothing to do with the development of gas on the land of Hess lease holder. The terms of the lease remain the same as far as per acre compensation, royalties, and environmental mitigation, if needed. But, you could sign with Hess and Newfield, and end up with Cabot and Halliburton. The initial signing deadline has come and gone. I may or may not be on a secondary list. I am not sure at this point, since I haven’t gotten any emails lately from the group.

Have I done the right thing, I honestly don’t know. I have turned down well over $25,000 in guaranteed lease payments, and the potential for royalties. If the area near me is made into a drill unit and all goes well and the water stays good and the roads are removed and replanted when the development is complete will I have regrets? If the area is developed and the aquifer is contaminated and I can’t sell my home and have to sue one of these companies for compensation will I have regrets? More importantly what would you do in my situation? I could probably still sign a lease…..should I? I would really appreciate it, if you could try to put yourself in my place and honestly consider what you might do. Thank you for taking the time to read this.

…a river valley resident

(Tomorrow: The National Council of Churches on the issue of drilling.)

According to a press release from the Independent Oil and Gas Association of NY (IOGA-NY), “The Independent Oil and Gas Association of New York together with the Sullivan County Partnership for Economic Development (Partnership)** will host a public information session to address the environmental, scientific and economic aspects of natural gas exploration.”

At their blog, Marcellus Facts, the IOGA-NY’s agenda is described in significantly different terms, “You can review media coverage, our Homegrown Energy booklet and other materials that highlight the many benefits of natural gas exploration of the Marcellus Shale.” (Italics added for emphasis.)

Fifteen minutes before the 6:30 start time, Bernie’s parking lot was full and cars lined the side of the road.

The meeting opened with remarks by IOGA-NY’s reps who boasted degrees in hydrology, geology and jurisprudence. They were, with the exception of the attorney, folksily garbed in blue jeans and low-key short sleeves.

The audience settled in to view, “Homegrown Energy,” IOGA-NY’s self-described “educational” film which provided a cartoon-style description of the drilling and hydraulic fracturing process.

One audience member asked why IOGA-NY had shown us a cartoon rather than a video of actual fracking operations. “We’re not children,” she added. A while later, the sentiment was amplified by someone else, “Why cartoons? Why don’t you show us how the drilling and fracking look in Fort Worth and Dimock?”

The cartoon film illustrated each stage of the drilling/hydraulic fracturing process. At one point, it assured us that the cement casings (barriers) that are constructed to retain the toxic fracturing fluids and gas are safe and reliable. (However, after a house exploded in East Lake, Ohio, “The Ohio Department of Natural Resources later issued a 153-page report [2] (PDF) that blamed a nearby gas well’s faulty concrete casing and hydraulic fracturing [3].)

The cartoon attempted to allay fears concerning the toxic ingredients found in hydraulic fracturing fluid (“mud” — which is injected through the well bore under enormous pressures in order to fracture the shale bed and extract the natural gas contained there.) According to the educational film, the “mud” contains a soup of additives necessary to the process which are commonly found in antibacterial hand washes and dish liquid.

(For information concerning some of the human health concerns surrounding hydraulic fracturing, pleaseclick here for an article at the National Institutes of Health.)

The film did not address the Environmental Protection Agency’s list of hydraulic fracturing toxins which includes diesel fuel “…sometimes a component of gelled fluids. Diesel fuel contains constituents of potential concern regulated under SDWA – benzene, toluene, ethylbenzene, and xylenes (i.e., BTEX compounds). The use of diesel fuel in fracturing fluids poses the greatest threat to USDWs because BTEX compounds in diesel fuel exceed the MCL at the point-of-injection (i.e. the subsurface location where fracturing fluids are initially injected).”

Industry reps at the Rock Hill meeting denied that “mud” used at their wells will contain toluene even though “Benzene, toluene, ethyl benzene, and xylenes are naturally present in many hydrocarbon deposits, and may be present in drilling and fracking chemicals.”) Indeed, the EPA’s 2004 report also states that not all of its listed toxins are present at all fracking operations. This inconsistency and the fact that “The 2005 Energy Policy Act excluded hydraulic fracturing from [Safe Drinking Water Act] jurisdiction,” are why Representatives Diana DeGette and Maurice Hinchey among a few others have introduced The Fracturing Responsibility and Awareness of Chemicals Act, which amends the Safe Drinking Water Act.

According to DeGette, “The legislation would repeal the exemption provided for the oil and gas industry and would require them to disclose the chemicals they use in their hydraulic fracturing processes. Currently, the oil and gas industry is the only industry granted an exemption from complying with the Safe Drinking Water Act.”

In response, one of IOGA-NY’s representatives quipped, “Since we were never covered by the Safe Drinking Water Act, you can’t say we were exempted.”

Mr. Noel Van Swol, a property owner in Sullivan County who’s apparently affiliated with the Sullivan-Delaware Property Owners Association was in attendance at the Rock Hill meeting. When asked by Breathing if he would support the “FRAC Act,” and a severance tax on the gas industry he was unequivocal, “There’s no need for it. The Frac Act is just another instance of Maurice Hinchey trying to get publicity for an unnecessary law and we don’t want a severance tax. We want the industry here, not drilling someplace else.”

(Please see this list of organizations which asked Governor Rendell to support a severance tax. Considering the massive natural gas potential of the Marcellus Shale, few people believe the gas industry will abandon it to avoid paying a modest tax.)

In fact, one Wayne County resident who’s recently signed a lease, contacted Breathing to suggest we join forces to support the Frac Act and a severance tax on the gas industry. In an email, she wrote, “I hope that both sides can drop the vitriolic language and concentrate on working together to get clear local, state, and federal oversight of the drilling process including a severance tax so that even those people who do not dirctly benefit from the drilling will see some kind of community financial remuneration for the burdens we will see put upon our communities by the drilling. I also feel very strongly that the 2005 exemption from the Clean Water Act that fracking enjoys must be removed by Congress.”***

Most of the audience’s questions had to do with reports of noise and water pollution resulting from the drilling and fracturing processes. Maria Grimaldi described her trip through a gas drilling area in New Mexico. “It was awful. I couldn’t get out of there fast enough.”

Industry representatives reminded the audience that any construction site is noisy. A drilling proponent said, “Look around you, folks. We need the jobs and the money these drilling companies are going to bring. I can put up with a month of ‘boom, boom boom.'”

When the IOGA-NY geologist was questioned about reports that hydraulic fracturing had stimulated earthquakes, the geologist claimed to have never heard such allegations. Further, he denied knowing anything about New York State’s history of earthquakes.

Another concern audience members expressed had to do with storage of the fracking fluid once it’s been extracted from the ground. Citing Sullivan County’s history of flash floods, one person asked how the toxic frak fluid would be stored and who would oversee its disposal. Industry representatives said that they would review individual situations but tended to think “we’ll store it in tanks because of the flooding.”

At one point in the evening. IOGA-NY was asked specifically about incidents of toxic contamination in Pavilion, Wyoming, Dimock, Pennsylvania, dead cows in Louisiana and tap water catching fire. At first, the Industry reps dismissed those worries but backed off slightly when a recent EPA report and ProPublica story about Wyoming were mentioned. In part, the article states, “‘It [contamination] starts to finger-point stronger and stronger to the source being somehow related to the gas development, including, but not necessarily conclusively, hydraulic fracturing itself,'” said Nathan Wiser, an EPA scientist and hydraulic fracturing expert who oversees enforcement for the underground injection control program under the Safe Drinking Water Act in the Rocky Mountain region.”)

When one of the Industry representatives asked where people were getting their information, several audience members shouted out, “Water Under Attack! Josh Fox’ movie.” There were also suggestions that members of The Partnership and IOGA-NY watch the film. In response, one of the Industry presenters said, “I’ll talk to [Mr. Fox]. I’ll talk to anyone. Give him my card.” ****

In another back-and-forth having to do with water contamination, IOGA-NY reps told the audience that New York State’s Department of Environmental Conservation is one of the strictest and best environmental enforcement agencies in the fifty states. In consequence, he added, New York residents won’t experience the same kinds of problems encountered by residents elsewhere. When Breathing asked if strict oversight would be required in New York to keep us safe from the Industry, the response was, “Gas drilling is an industry. Industrial accidents happen.” In a follow up question, Breathing asked how many DEC oversight and enforcement personnel would be required to keep our environment safe from the Industry.

I got the same answer from IOGA-NY as was offered by the Delaware River Basin Commission on July 15, 2009. No answer.

******************************

**When the meeting adjourned, Breathing Is Political and a friend of Light Up The Delaware River had an opportunity to discuss the evening’s event and hydraulic fracturing with Mr. Tim McCausland, President and CEO of the Partnership. I first asked Mr. McCausland to clarify his organization’s relationship with IOGA-NY. “I wouldn’t call it a ‘relationship,'” he answered. “They approached us. Offering sessions like this is part of what The Partnership does.”

This morning, Mr. McCausland sent me The Partnership’s recently-released position statement on gas drilling which reads, “The Sullivan County Partnership for Economic Development believes strongly, that if government and industry can collaborate to properly protect and preserve our environment, the development of a natural gas industry in Sullivan County could create substantial economic and fiscal benefits for our landowners and communities — and while the direct economic impacts are vital, the industry must strive to produce: (a) a business model that is locally sustainable, and (b) policies that result in a meaningful shift toward energy independence.”

(Breathing encourages you to share your views of the Partnership’s position in our comment section. I will happily forward them to Mr. McCausland.)

***Breathing endorses this suggestion wholeheartedly by offering the letter-writer a column here. While the rest of us stumble in the dark looking for a way to bridge the divide between “pro-drillers” (a misnomer) and “anti-frackers,” (please!) she offers a way to cooperate for the good of us all.

(I was going to write a Light Up The Delaware River Party wrap-up today but seeing as how photos and stories are still coming in, I’ll wait a few days.)

Dear Drilling Companies That Are Eying Sullivan County (Part 2):

I promised yesterday to provide you with a short primer on “How to organize a 330-mile party in under five weeks for less than $1,000″ so, gather round.

(Oh good! Mobil-Exxon’s with us today. Welcome, welcome!)

1. The first thing you need when trying to organize a community is a good idea. It should be easily explained and understood and it should include a component of fun. (Your idea for filling the shale bed with toxic chemicals and consequently polluting the land and water is easily enough understood and explained but honestly, the “fun” piece is missing.) For instance, my idea for Lighting Up The Delaware River Party came from Gandhi leading the Indian people to the sea to make salt. He wanted them to reclaim their resources and the strength that comes from working shoulder-to-shoulder in an act of solidarity. So we started with that idea and added puppets, songs, movies, dance, poetry, a canoe regatta, campfires, kayaking. It was a blast!

What’s the genesis of your idea? This is important! When I asked one of your spokespeople outside the July 15, 2009 DRBC hearing if he’d be willing to put your toxic chemicals in an impermeable container and then place them in his child’s glass of water, he said, “No!” without hesitation. It’s just not a good way to garner trust and support. And more important, it’s just not fun.

2. You have to meet people where they live. Seriously, the way you’re going about selling fracking fluids and contaminated wells needs some honing. It’s no good sitting in a meeting room hoping we’ll find you. (Many of us are hanging on by a thread and what with working 2 or 3 jobs, we don’t have a lot of time or energy for your little soirees.)

And for sure, it doesn’t help your case to simply deny there’s a problem. Granted, most of us who’ve been living in The Basin or rural New York, Colorado, Wyoming, Pennsylvania, Texas, Louisiana and Ohio for decades or centuries don’t have a lot of financial resources but we’re not stupid for Pete’s sake. We can read a local newspaper! We know about Dimock, PA, Texas, Colorado, Wyoming, Ohio… It doesn’t help your cause if people think you’re hiding a bunch of garbage in a closet. So in your interest, I urge you to come clean.

3. The best way to promote an idea in a tight-knit community is to be vested in that community and to have a ton of good-hearted friends: join the local fire company; become a well-known agitator whom people trust whether or not they like you and help bolster your local resources — rivers, land, schools, local production & distribution of food and goods. The list is long and varied so step right up. Here are a couple PR beauts you could jump on in a split instant:

Vest yourself in the community. I know it’s not a tact you’re familiar with so it bears some explanation. For instance, you can volunteer to help farmers get the hay in during the season. You can deliver cups of coffee to our volunteer firemen who work long hours all day and then roll out of bed when the fire alarm peals. If that sounds like overkill, at least provide jobs for local people. They’ll remember you fondly, I promise!

Support the Fracturing Responsibility and Awareness of Chemicals Act of 2009 so all the nervous Nellies out there feel appeased and safe. If history’s a clue, you probably won’t have to fix any of the problems you create but at least you’ll look responsible.

Stop funding Congress. It makes you look bad and detracts from the wonderful product you’re promoting. (People end up thinking you couldn’t sell gas drilling to a tribe of orangutans without having most of them in your pocket. You can see how unwholesome it makes you appear.)

Pay the damned severance tax you convinced Pennsylvania Governer Rendell to pull. Are you nuts? (I’m asking as one organizer to another so don’t get in a huff.) The tax will cost you barely anything in the billion dollar scheme of things and it’s great publicity. Pay the tax and look like a regular guy. You can’t buy that kind of good press.

The next time you convince a major American university like Penn State to write a bogus “economic impact study” for you, at least fess up that you funded it. (Again, we’re not stupid and it makes you and your university stooges look sleazy. Sorry. I can’t help you if we can’t be forthright with each other.)

If you aren’t vested in the community and you can’t distinguish Sullivan County from Wayne or Orange, or if we look like numbers on a geologic plat map to you, here’s a great idea: recruit a local organization to front for you. (I’ve gotta’ tell ya’, this is a really important piece and the whole Sullivan County Partnership thing? You blew it. True or not, most of us don’t think they could find the teats on a hog. (Let’s try this: give me a call and we’ll see if we can’t find you someone less…forgettable.)

Another big help is to know your local media and be trusted by them. I’ve got to hand it to you on that point. The work you’ve done with the media in Wayne County, PA has been inspirational! Almost as impressive as the national silence on some of the “ooops” factors you’ve precipitated in Dimock, Fort Worth and elsewhere.

And that’s where I think we can collaborate. I’ll introduce you to the crackerjack local media who’ve remained beyond your reach and you can get me 10 minutes on Lou Dobbs.

(The following was written today with old fashioned pen an paper. No electric on the mountain. Due to the 9-8-09 drilling promotion being held in Rock Hill at Bernie’s, I wanted to post this announcement and correspondence before getting all the Party photos uploaded. Sorry!)

Dear Gas Drilling Companies That Are Eying Sullivan County, New York:

First, I want to tell you how much I appreciate your frequent visits to this site, Breathing Is Political. Some of the “hits” are probably “ping backs.” (I don’t really understand all that blog stuff either, so don’t be embarrassed.) I do notice, however that some of your visits have lasted long enough for a good read. Great!

I’d welcome an opportunity to discuss with you more targeted ways by which you can endorse Breathing Is Political. Perhaps over a glass of Dimock, Pennsylvania’s finest fire water? Or, maybe at your industry-sponsored promotional event tomorrow night at Bernie’s in Rock Hill, NY. (See the CottageWorks Community Calendar for details.)

I also want to express my personal gratitude for the informational sessions you’ve planned in New York. I genuinely appreciate having this opportunity to hear about all the benefits in store for us in Sullivan County. I’ve included links for your convenience here because you might not remember where Sullivan County and the Delaware River Basin are. I know how busy you’ve been in Dimock, Pennsylvania, Fort Worth, Texas, Pavilion, Wyoming and so many other places where drilling is creating whole new landscapes and jazzing up the water with an array of additives.

Just one quick update about our Light Up The Delaware River Party last night because I know you’re interested. Evidently, a couple of Pennsylvania river officers were forced to eject three middle-aged people from a PA access site. The three revelers were preparing to pour cups of clean water into the River or something bizarre like that. Sigh. What can ya’ do, right? (Turned out there were nearer 20 participants for the candle lighting on the Bridge but more about that tomorrow.) I did hear reports that one of the agents looked “a bit sheepish” about the role he was playing and happily, neither officer felt the need to unholster his sidearm. Thank goodness, right?

Please excuse the disjointedness of this. I’m just so excited to finally have a way to talk with you! (By the way, could you please call Josh Fox at Water Under Attack? I know he’d love to hear from you.)

Sorry for that diversion. My Granny-something brain is easily distracted.

Since your interest in my modest little rag sheet has been rewarding for you, I’m posting this letter to other blogs. I’m sure they’ll do everything they can to encourage lots of interest in, and attendance at, the upcoming promotional events you’ve scheduled for New York State.

And there are supportive documents at Governor Paterson’s site, aren’t there? I know he’s getting pretty excited about all the gas dollars waiting to be plucked from the Marcellus Shale in New York. But don’t worry yourself over the details. We’ll have you covered.

FYI: Coming tomorrow, “How To Light Up The Delaware River in under five weeks for less than $1,000. (Hint: it starts with an inspired idea. Mine came from Gandhi. And yours…? What with your millions? billions? for national TV ad campaigns, you’ll find our grassroots efforts interesting in a folksy, anthropologic kind of way. Enjoy!

(Breathing Is Political extends its appreciation to The Intelligencer and Amanda Cregan for allowing me to re-print the following article which first appeared August 18, 2009.The “Cabot property” referenced in the article is the one Leni Santoro and I visited during our River Road Trip. A photo is viewable here. Please note that the berm around the frack pool did not appear to be more than three feet high and the return fence (running perpendicular to the road) was no higher than 2-3 feet.Because so few people we met during our journey were cognizant of drilling and hydraulic fracturing or the threat they pose to our aquifers and land, I wanted people here in the Upper Delaware Basin to know what some of our sister communities are doing to protect themselves.)

By: AMANDA CREGAN Bucks County Courier Times
Scientists are beginning to sample wells and water sources in the township. It will serve as proof if the water is poisoned by gas drilling.

If Nockamixon’s groundwater is poisoned during natural gas extraction, officials will have the evidence.

Scientists with Princeton Hydro, a New Jersey-based water and wetlands resource management company, are traveling throughout the township this week to sample wells, streams, creeks and aquifers.

With a $25,000 grant, the Lower Delaware River Wild and Scenic Management Committee, a group of governmental representatives from Pennsylvania and New Jersey, voted in September to do the testing as a protective measure.

Delayed all summer by frequent rainstorms, scientists have completed testing water wells at nine homes and the Upper Bucks Regional EMS headquarters.

Now they’re roving the township, gathering 20 samples from creeks and streams. Overall, water data will stretch over a 300-square-mile region.

“We’re testing for a whole suite of chemical parameters,” said James P. Shallenberger, senior project manager for Princeton Hydro. “Right now, the objective is just to establish some base lines and sense what the water is like. If there is any drilling done, there will most likely be some follow up work closer to those drill sites.”

If the water was to become contaminated, the Lower Delaware River management committee argues, this baseline, pre-drilling data could be used to make the case that drilling was the cause.

“The baseline testing is extremely important. Because all the discussion we’ve had about accountability and liability, the onus is on us to show the integrity and clarity of our water and have documentation on it,” said the committee’s Pennsylvania chairwoman Nancy Janyszeski, who also serves as Nockamixon’s supervisor chairwoman.

Scientists are focusing their water testing on both sides of the former Cabot Industries property, she said.

The Cabot property on Beaver Run Road, just of Route 611 near Revere, is the only site in the gas drilling permit application stages at the state Department of Environmental Protection.

The 102-acre property was home to a specialty metals production operation. The site underwent a federal environmental cleanup in the early 1990s.

The U.S. Environmental Protection Agency has given the Cabot site a clean bill of health.

The Lower Delaware River management committee is worried that one misstep at a drilling site in Nockamixon could spell disaster for its neighbors.

Township homeowners rely on private water wells and septic systems, and many are already grappling with a diminishing groundwater supply.

The process uses vast amounts of water, mixed with sand and other chemicals, injected into the ground under high pressure to create fractures in the rock and allow the oil or gas to be more easily withdrawn.

Like already-affected municipalities across the country, Nockamixon officials want the gas company to disclose what chemicals are being used, but it’s considered a trade secret and is exempted by federal law.

About 250 homeowners have signed leases with Michigan-based gas drilling company Arbor Resources. Nockamixon supervisors have asked Bucks County Court to overturn a decision by the township’s zoning hearing board, which decided Feb. 9 that township ordinances go too far in restricting drilling and agreed with Arbor officials that the state’s Oil and Gas Act trumps local regulations.

If groundwater is poisoned in the drilling process, the burden of proof will be with the gas company, said Shallenberger.

“The state rules put the burden of proof on the drilling company. If there is a problem or if someone else reports a water quality issue within six months that the drilling occurs, there is a presumption the drilling company is responsible for a change in water quality,” he said.

Although these samplings would serve as a before-and-after picture of Nockamixon water quality, it would bring little relief for homeowners suffering the consequences.

“Water is crucial resource for everyone,” he said.

Princeton Hydro’s water samples will be sent to the laboratory. Results are expected in a month.